Opinion
00 Civ. 6686 (LAK)
September 11, 2000
ORDER
This negligence case seeks recovery for personal injuries suffered in a motor vehicle accident. It was removed by defendant Greenzweig from the New York Supreme Court, Bronx County, by the filing of a notice of removal evidently based on diversity of citizenship on September 6, 2000. Removal was improper for at least the following reasons:
1. The notice of removal asserts that the action was commenced by service on him of the summons and complaint on or about June 23, 2000. The removal therefore was untimely. See 28 U.S.C. § 1446 (b).
2. The complaint fails adequately to allege the citizenship of the individual parties. See Leveraged Leasing Administration Corp. v. Pacificorp Capital, Inc., 87 F.3d 44, 47 (2d Cir. 1996) (citizenship depends on domicile, not residence).
3. The notice of removal is not joined in by defendant Nissan Infiniti Lt. and does not allege that it had not been served at the time it was filed.
Accordingly, the action is remanded to the court from which it was removed.
SO ORDERED.